Florida Statute 727.112 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLI
STATUTE OF FRAUDS, FRAUDULENT TRANSFERS, AND GENERAL ASSIGNMENTS

Chapter 727
GENERAL ASSIGNMENTS

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F.S. 727.112

727.112 Proof of claim.—

(1) All claims other than claims of creditors with liens on assets of the estate, whether contingent, liquidated, unliquidated, or disputed, which arose prior to the filing date, must be filed in accordance with the provisions of this chapter, and any such claim not so filed is barred from any further recovery against the estate.

(2) Claims shall be filed by delivering the claim to the assignee within 120 days from the filing date unless for cause shown.

(3) Claims shall be in written form entitled “proof of claim,” setting forth the name and address of the creditor and the nature and amount of the claim, and executed by the creditor or the creditor’s authorized agent.

(4) When a claim or an interest in property of the assignor securing the claim is based on a writing, the original or a copy of such writing shall be filed with the proof of claim, together with evidence of perfection of any security interest, if applicable.

(5) A proof of claim, executed and delivered in accordance with this section, shall constitute prima facie evidence of the validity and amount of the claim.

(6) If a claim for damages results from the assignee’s rejection of a lease of real property, the claim shall be limited to:

(a) The rent reserved by such lease, without acceleration, for the greater of 1 year or 15 percent of the remaining term of the lease, following the earlier of the date of assignment or the date on which the lessor repossessed, or the lessee surrendered, the leased property; and

(b)1. Any unpaid rent due under the lease, without acceleration, on the earlier of the dates specified in paragraph (a);

2. Reasonable attorney’s fees and costs incurred by the lessor in connection with the lease; and

3. The lessor’s reasonable costs incurred in reletting the premises previously leased by the assignor.

(7) If a claim for damages results from the termination of an employment contract, the claim shall be limited to:

(a) The compensation provided by the contract, without acceleration, for 1 year following the earlier of the date of assignment or the date on which the assignor or assignee, as applicable, directed the employee to terminate, or such employee terminated, performance under the contract; and

(b) Any unpaid compensation due under the contract, without acceleration, on the earlier of the dates specified in paragraph (a).

History.—s. 12, ch. 87-174; s. 10, ch. 2007-185.

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Amendments to 727.112

Arrestable Offenses / Crimes under Fla. Stat. 727.112

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 727.112.

Annotations, Discussions, Cases:

Cases Citing Statute 727.112

Total Results: 5

Hillsborough County v. Lanier

Court: Fla. Dist. Ct. App. | Date Filed: 2005-03-08T23:53:00-08:00

Citation: 898 So. 2d 141

Snippet: required to file proofs of claim pursuant to section 727.112. Claims, whether contingent, liquidated, unliquidated…be barred "unless for cause shown." § 727.112(1), (2). Section 727.114 establishes the priority…required to file a proof of claim under section 727.112 and its interest took priority over the interests…claim asserting a contingent claim under section 727.112, but it did not do so. Two creditors who were present…against creditors. Lanier responds that section 727.112 addresses claims "which arose prior to the

Moecker v. Antoine

Court: Fla. Dist. Ct. App. | Date Filed: 2003-03-12T23:53:00-08:00

Citation: 845 So. 2d 904

Snippet: assignment. §§ 727.112(2), (5). Claims not filed in accordance with chapter 727 are barred. § 727.112(1). The…were, thus, barred by section 727.112(1).[9] We cannot agree. Section 727.112(1) limits claims to those which…and were therefore not allowable under section 727.112(1), Florida Statutes (1997), and that the appellees… section 727.114. See § 727.104(1)(b). Section 727.112(1) provides that all claims, which arose prior

Dougherty v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2002-04-02T23:53:00-08:00

Citation: 813 So. 2d 217

Snippet: due process. Morgan v. Illinois, 504 U.S. 719, 727, 112 S.Ct. 2222, 119 L.Ed.2d 492 (1992). At trial,

State Ex Rel. Jackson v. Lee

Court: Fla. | Date Filed: 1933-11-09T00:00:00-08:00

Citation: 150 So. 727, 112 Fla. 593

Snippet: Terrell, Brown, Buford 9 November 1933 150 So. 727, 112 Fla. 593 W. J. Oven and James Messer, Jr.,

Tart v. Gulf Power Co.

Court: Fla. | Date Filed: 1933-10-31T00:00:00-08:00

Citation: 150 So. 727, 112 Fla. 543, 1933 Fla. LEXIS 2299

Snippet: Terrell, Buford, Davis 31 October 1933 150 So. 727, 112 Fla. 543, 1933 Fla. LEXIS 2299 John M. Coe and